BOOKING TERMS & CONDITIONS FOR INSPIRING EXPEDITIONS BY GEOFFREY KENT
(EFFECTIVE OCTOBER 27, 2023)
IMPORTANT INFORMATION ABOUT THESE TERMS
When you complete your Booking, you accept these Terms and Conditions (“Terms”) and any other terms and conditions that you are provided during the booking process. These Terms include an agreement to mandatory binding individual arbitration, which means that you agree to proceeding in court. These Terms also include your waiver of any right to bring, or participate in, a class action and a jury trial waiver. If anything in these Terms is (or becomes) invalid or unenforceable, it will still be enforced to the fullest extent permitted by law and you will still be bound by everything else in these Terms. For all other terms and conditions, please refer to www.abercrombiekent.com.
“A&K” means Abercrombie & Kent USA, LLC and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers, and all employees, officers, pilots, crew members and agents of such individuals, companies and entities. A&K’s address is 1411 Opus Place, Suite 300, Downers Grove, Illinois 60515.
“Booking” means the Guest or Guest’s agent to enter into a Contract with the Company.
“Booking Terms and Conditions” or “Terms” means these terms and conditions and the information contained in A&K brochures, its website and/or other information that will form the express terms of your Contract with A&K.
“Contract” means the contract between A&K and the Guest for the Tour Package as reflected in the confirmation invoice sent by A&K to Guest’s Travel Advisor or directly to Guest.
“Journeys” means those journeys offered by A&K including but not limited to Inspiring Expeditions by Geoffrey Kent.
“Guest” means each person, including minors, named either on the booking confirmation, on the invoices, or on a ticket issued by A&K.
“Guest with Disabilities” means any Guest who has special needs.
“Minor” means any person under the age of 18.
“Refund” means a return of all or part of the fare paid and is applicable only on the conditions described herein. A Refund may, at A&K’s sole option, be issued in the form of a travel credit which shall have no cash value.
“Travel Advisor” means any travel agent or any website not owned or operated by A&K and used by the Guest to book their Tour Package.
“Tour Package” means Italy and the Palio: An Inspiring Expedition by Geoffrey Kent from August 10–20, 2024.
“Website” means the set of related web pages, documents and hypertext links served from the web domain www.abercrombiekent.com.
1. DEPOSIT/PAYMENT INFORMATION
The price of the full Tour is $169,950 per person, double occupancy, with an additional $16,995 charge for a single room (subject to availability). A non-refundable deposit of $30,000 per person is required to secure a confirmed reservation for the Tour. A second non-refundable deposit of $50,000 per person is due by February 12, 2024. Final payment will be due on or before April 12, 2024. If your reservation is made within 180 days of departure (on or after February 12, 2024), the entire cost of the trip must be paid at the time of confirmation. If the Tour is fully booked when your reservation is received, your payment will be returned within 7 days, or with your authorization, we can retain the deposit and place your name on a waiting list in case other guests cancel their reservations. Even if you authorize us to put your name on a waiting list, we will notify you within 7 days that your selected flight is fully booked.
For payments by mail, send to:
ABERCROMBIE & KENT USA, LLC
1411 Opus Place
Downers Grove, Illinois 60515
2. INCLUDED IN YOUR JOURNEY PRICE
All accommodations, meals and fully guided sightseeing (including park and entrance fees) as noted in the itinerary; arrival and departure transfers regardless of day of arrival and departure; all on tour transportation; services of A&K Tour Director and experienced guides/hosts throughout; beverages with included meals; local bottled water during sightseeing; complimentary Internet access (where available; service levels are not guaranteed); hotel taxes; A&K’s Travelling Bell Boy Service (because of security regulations, this service may be limited at airports); and gratuities throughout.
3. NOT INCLUDED IN YOUR JOURNEY PRICE
A&K’s Guest Protection Program; international and internal airfares, unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; meals other than those specified in the itinerary; room service; beverages other than those noted in inclusions above or specified in the itinerary; sightseeing not included in the published itinerary; and personal expenses such as laundry (except for A&K’s Traveller’s Valet as noted), communication charges, Internet access for all trains; and optional activities (which are subject to availability).
4. HOTEL CHECK-IN
Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it requires an additional room night to be confirmed. Please ask A&K for details and prices. Requests for early check-in based on hotel availability cannot be guaranteed and are at the sole discretion of the hotel.
5. ROOM UPGRADES/SPECIAL REQUESTS
Upgrades are typically available on request at individual hotels for an additional cost. Please ask A&K for details and prices. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.
A&K reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.
While A&K acknowledges the participation of Geoffrey Kent and His Grace the Duke of Roxburghe in the tour forms a part of the tour experience, this cannot be guaranteed. Events outside of A&K’s control such as medical or personal reasons may result in their not being able to participate or join the tour. Notwithstanding any non-participation by Geoffrey Kent or His Grace the Duke of Roxburghe, the tour shall continue to operate on the set itinerary.
7. AIR TRANSPORTATION
International airfare (to the Journey starting point and from the ending point) is not included in program pricing. A&K has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is typically not included and must be purchased from A&K in addition to the journey. In the instance where charter flights are used and seating is limited, A&K reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by A&K. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by A&K.
All air carriers are independent contractors and are not owned, managed, controlled or operated by A&K. Your airline ticket constitutes a contract between yourself and the airlines (and not A&K), even if purchased through A&K. A&K shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, insufficient travel documentation, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.
A&K provides porterage of up to two (2) pieces of baggage per person. Please note: Should your journey include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply.
Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and A&K assumes no liability for lost, stolen or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.
9. PRICES AND ARRANGEMENTS
Quoted Journey prices are per person, double occupancy except where indicated. Although not expected, published prices may be modified due to unexpected significant external factors not forecasted at the time of publishing. A&K is under no obligation to give a breakdown in costs of any Journey. Pre- and Post-Tour Extensions are only available to guests booked on related group journeys. Modification of program content to accommodate a smaller group size will not affect the published program price.
Marco Polo savings excluded on Inspiring Expeditions by Geoffrey Kent, A&K's Guest Protection Program, internal and international air and additional hotel nights.
10. CHILD POLICY
The minimum age to participate in this program is 18.
11. ACTIVE ELEMENTS & FITNESS TO TRAVEL
The suppliers of some activities on Journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the Journeys as intended, a minimum level of fitness is required.
By booking a Journey, Guest represents that Guest and Guest’s travelling party are physically and emotionally fit to travel and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or result in a deviation of the Journey. Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the Journey is requested to notify A&K in writing at the time of the booking of such special needs. Upon booking the Journey, Guests who have special needs are requested to contact A&K at 800 323 7308 to discuss details of their special needs. A&K recommends that any Guest who is not self-sufficient should travel with a companion who shall take responsibility for any personal assistance needed during the Journey.
12. A&K’S GUEST PROTECTION PROGRAM
Travel insurance is not included in the price of the booking and is strongly encouraged. You may purchase A&K’s Guest Protection Program for Private Jet or Inspiring Expeditions administered by Allianz Global Assistance (which provides cancellation benefits, emergency medical benefits, and protection for lost, stolen, or damaged luggage). Benefits take effect the day A&K receives payment for the plan. Insurance plan cost must be paid at time of each deposit. All remaining costs are due at time of final payment. Additional terms apply. The plan cost is calculated based on the total price of your travel arrangements. For more information, visit Allianz Global Assistance. Insurance benefits are subject to the terms, conditions, and exclusions in the plan, including an exclusion for pre-existing conditions.
13. PASSPORTS AND VISAS
It is the Guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for U.S. and Canadian citizens travelling to all international destinations. Passports must be valid for six (6) months after completion of the Journey and should also have sufficient blank visa pages for entry and exit stamps. Many destinations also require a visa for U.S. and Canadian citizens; this will be indicated in your Pre-Travel Documentation. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by A&K that result from improper documentation or noncompliance with applicable regulations. A&K shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.
14. PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES
“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present, including a cruise ship. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC and others worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness.
Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges that participation in a Journey is entirely voluntary. By participating in a Journey, Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about travelling and is strongly encouraged to consult with a medical provider before deciding to participate in a Journey based on Guest’s individual risk.
Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by A&K and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities or A&K, which may include testing before, during and after your Journey; (b) submission to enhanced health screening for signs and symptoms of or known exposure to Communicable or Infectious Diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to Communicable or Infectious Diseases such as COVID-19 as determined by A&K at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for Communicable or Infectious Disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following A&K physical distancing requirements.
You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by A&K and/or Public Health Authorities and/or other governing bodies are subject to change. A&K reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols.
It is the responsibility of the Guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency travel warning against travel to the specific destination location(s) of the Journey, should the Guest still choose to travel, notwithstanding any travel advisory, the Guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against. You are also strongly encouraged to review any CDC travel advisory, warning, or recommendation relating to travel prior to making your Journey reservation at https://www.cdc.gov, and to visit the U.S. State Department’s website at http://travel.state.gov.
15. CANCELLATION CHARGES
Cancellations will be effective on the date of receipt by A&K whether by phone or email. Cancellations received by A&K are subject to the following cancellation fees:
CANCELLATION FEES PER PERSON
On or before February 12, 2024
Between February 13 and April 12, 2024
On or after April 13, 2024
100% of the program price
CANCELLATION CHARGES FOR INTERNAL AIR
All internal air is 100% non-refundable at time of final payment (some exceptions may apply).
CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with A&K journeys are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.
16. FORCE MAJEURE
Force majeure means unusual and unforeseeable circumstances beyond A&K's control or the control of our suppliers, the consequence of which neither A&K, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers. In the event of a cancellation or material alteration to the Journey as a result of the circumstances as described in this clause, A&K shall have no liability whatsoever for any travel related costs incurred by Guest, including but not limited to air, insurance, visas and other travel arrangements of any kind.
17. A&K APP
18. PHOTOGRAPHY DURING TRAVEL
A&K reserves the right to take photographs and video of Guests during the operation of any Journey or part thereof and to use, re-use, publish, and republish their image, identity likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a Journey with A&K, Guests acknowledge that A&K is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter be used by A&K. Guests who prefer that their images not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey; and (2) notify their A&K Travel Consultant by email, not later than thirty (30) days following the end of the Guest’s Journey. In the event the Guest fails to comply with both obligations, the Guest shall not be exempt from this section. If such written notice is not timely provided, the Guests, individually and on behalf of any Minor travelling with them, have granted unrestricted rights and permission for A&K to use the Images.
19. LIMITS ON A&K’S RESPONSIBILITY FOR THIRD PARTIES WHO PROVIDE GOODS AND SERVICES
A&K purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including, from time to time, other affiliates of A&K). Neither A&K nor its parent company, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “A&K Parties”), own or operate any transportation, lodging accommodations on land, restaurants, ground transport and other goods and services for your trip. All such persons and entities are independent contractors. As a result, the A&K Parties are not liable for any injury to Guest, including any negligent or willful acts of any such person or entity or of any third person providing such goods and services.
In addition and without limitation, the A&K Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in the Journeys.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other activity which A&K considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death, and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the A&K Parties from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release the A&K Parties, whether known or unknown, from, and agree not to sue or make claim against the A&K Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the A&K Parties and/or from any defect in equipment. You further agree to indemnify and hold the A&K Parties harmless with respect to any claim made against the A&K Parties by anyone else (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the A&K Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.
A&K reserves the right to correct any errors or omissions in its published materials and to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by A&K to the Website. Guests should check the Website prior to travel in order to ensure they are aware of any changes.
21. IMPORTANT LIMITATIONS ON THE COMPANY’S LIABILITY
Nothing in these Terms shall limit or deprive A&K of the benefit of any applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability. In the event multiple statutes, laws or conventions may apply, A&K shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws or conventions, in which case A&K shall be entitled to invoke the limitation which provides the most favorable limitation to A&K.
(A) Time Limits For Claims
A&K shall not be liable for any claims whatsoever unless full particulars in writing are given to A&K within thirty (30) days after the Guest completes the Journey. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six (6) months after the date Guest completes the Journey, and unless served upon A&K within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the Americans with Disabilities Act (ADA), trade practices and/or advertising.
(B) Small Claims under $8,000
Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of, related to, or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and A&K in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in DuPage County, Illinois, U.S.A. to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.
(C) Arbitration for All Claims Over $8,000
Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and A&K, in which Guest or any other claimant asserts damages for more than $8,000.00 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in DuPage County, Illinois, U.S.A. to the exclusion of any other forum. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available to any such arbitration proceeding in DuPage County, Illinois. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its comprehensive dispute resolution rules and procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. Each party shall bear their own costs and fees associated with any such filing. If guest has a question about the arbitration process or wants to obtain a current copy of the comprehensive dispute resolution rules and procedures and/or fee schedule, guest may contact NAM at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court in DuPage County, Illinois). The arbitrator’s decision will be final and binding.
(D) Jurisdiction, Venue and Jury Trial Waiver
Except as provided above and only if the above-referenced arbitration clause is ruled unenforceable by a court of law, it is agreed by and between the Guest and A&K that all disputes and matters whatsoever related to, arising under, in connection with or incident to these Terms, shall be litigated, if at all, before the United States District Court For The Northern District of Illinois in Chicago or, as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in DuPage County, Illinois, U.S.A. to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available. If a matter is brought in the federal courts of the United States and no diversity jurisdiction exists, then the matter must proceed under the court’s admiralty jurisdiction and guest may not be allowed a trial by jury. If a matter proceeds under the court’s admiralty jurisdiction, then carrier consents to a trial by jury pursuant to Federal Rule of Civil Procedure 39(C). Guest acknowledges and understands that a federal court presiding over the matter under admiralty jurisdiction may not grant a trial by jury despite carrier and Guest’s request for a trial by jury, and in such event, Guest knowingly and voluntarily waives a trial by jury.
(E) Arbitration Rules and Jury Trial Waiver
Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator’s decision will be final and binding. Other rights that guest or carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carrier and guest further agree to permit the taking of a deposition under oath of the guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of section 23(d) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this clause.
(F) Governing Law
A&K bookings are deemed to be contracts made in the state of Illinois and are governed by Illinois law.
(G) Class Action Waiver
Guest hereby agrees that these Terms provide for the exclusive resolution of disputes through individual legal action on each Guest’s behalf rather than any class, collective or representative action. Guest may only bring claims against A&K Guest's individual capacity. Even if the applicable law provides otherwise, Guest agrees that any arbitration or lawsuit against A&K whatsoever shall be litigated by Guest individually and not as a member of any class or as part of a class or representative or action, and Guest expressly agrees to waive any law entitling guest to participate in a class action. If Guest’s claim is subject to arbitration as provided in section above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration. The validity and effect of this class action waiver may be determined only by a judge or court of law and not by an arbitrator. Guest agrees that carrier can receive immediate judicial assistance to enforce this class action waiver.
(H) Claims for Emotional Distress
A&K shall not be liable to the Guest for any emotional distress, mental anguish or psychological injury of any kind, except where said emotional distress, mental anguish or psychological injury was the result of either (a) physical injury to the Guest caused by the negligence or fault of A&K or (b) the Guest having been at actual risk of physical injury and such risk was caused by the negligence or fault of A&K.
(I) Claims of Improper Performance or Breach of the Contract
A&K’s liability for improper performance or breach of the Contract shall be limited to a maximum of two times the price which the Guest paid for their Tour Package.
(J) No Consequential, Indirect or Punitive Damages
Notwithstanding anything to the contrary elsewhere in these Terms, in no event shall A&K or its members, partners, shareholders, directors, officers, managers, employees or agents be liable for any indirect, consequential, incidental or punitive damages (including but not limited to damages for lost profits, loss of revenue, loss of use, loss of contract or other opportunity, for any other consequential or indirect loss or damage of a similar nature) arising out of the transaction contemplated herein.
See the A&K USA Privacy Notice, which can be found at abercrombiekent.com/privacy, and which is incorporated herein.
©2023 ABERCROMBIE & KENT USA, LLC, ABERCROMBIE & KENT, A&K, CONNECTIONS, CONNECTIONS BY ABERCROMBIE & KENT, DESIGN YOUR DAY, INSPIRING EXPERIENCES, GUARDIAN ANGEL, MARCO POLO CLUB, MARCO POLO JOURNEYS, RESIDENT TOUR DIRECTOR, SIGNATURE SERIES, SIMPLY THE BEST WAY TO TRAVEL, TRAVELLER’S VALET, TRAVELLING BELL BOY and the ampersand design are service marks owned by A&K Sarl.